11-1-11 Cubberley Process

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    City of Palo Alto (ID # 2249)City Council Staff Report

    Report Type: Action ItemsMeeting Date: 11/1/2011

    November 01, 2011 Page 1 of 7

    (ID # 2249)

    Summary T itle: Cubberley Process

    Title: Staff Recommendation for a Process and Timeline Addressing the Citys

    and Palo Alto Unified School Districts (PAUSD) Interest in the Cubberley Campus

    and Adjacent Properties

    From: City Manager

    Lead Department: City Manager

    Recommendation

    Staff recommends that Council discuss the Cubberley process proposed by the City Manager

    and adopt a process and timeline.

    Executive Summary

    A lease and agreement executed almost 25 ago years has provided for Cubberleys continuous

    community use. The Cubberley campus houses many existing uses and constituencies in

    buildings owned by the City and the School District. These uses provide important benefits

    including the communitys use of the playing fields, child care, art studios and non profit spaces.

    The lease and agreement will expire in 2014 unless the option is mutually agreed to by both the

    City and the School District. The School Boards recent action that it needs all of the property at

    Cubberley, has thrown the City and the District (and by extension the community) into

    definitive scenario planning for Cubberley over the next 14 months, as recommended by staff.

    This report proposes a process and timeline for addressing these challenges

    Background

    At the City Council meeting of July 11, 2011, Council considered Foothill/DeAnza Community

    College Districts proposal to purchase the City owned eight acre site, a part of the 35 acreCubberley campus. While Council declined Foothill/DeAnzas offer to purchase the Citys eight

    acres and build an education center, Council directed staff to propose a process to manage the

    discussion between Palo Alto Unified School District (PAUSD), the City, Cubberley stakeholders

    and the community at large for the future of the Cubberley campus. This report provides staffs

    recommended process for initiating and continuing a joint discussion between PAUSD, the City

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    and the community.

    Councils July 11th

    action also included specific staff direction for the exploration of several

    Cubberley related land use, community service and financial issues including the following

    issues and questions:

    1. Sharing of Costs with PAUSD for site planning and needs assessments.

    2. Potential re-development of the Citys 8 acres to accommodate community uses.

    3. Should the City and District extend the lease beyond the December 2013 lease

    renewal deadline?

    4. What is the future for joint use of the playing fields should the lease not be

    extended?

    5. What are the implications of terminating the lease and covenant not to develop,

    particularly financial impacts to City and PAUSD of the $7.06M the City is currently

    paying the district for Fiscal Year 12?

    Discussion

    1. Collaborative PAUSD and City Process and Timeline on Cubbereley:

    Staff proposes an initial 14 month process which anticipates reaching City and PAUSD

    consensus on a Cubberley Master Plan by the end of 2012. Such a Master Plan may include

    alternative scenarios.

    The process would involve a Technical Advisory Committee, a Policy Advisory Committee, and

    a Community Advisory Committee. .

    A Technical Advisory Committee (TAC) working group will be established, co-chaired by the

    City Manager and Superintendent, focusing on developing the technical foundations for

    eventual policy decision making. TAC members would also include City departmental

    respresentatives including Community Services, Adminstrative Services, Planning, Attorneys

    Office and Public Works, and their PAUSD counterparts.

    Much of the TACs work will occur early in the process and will establish the technicalfoundations necessary to eventually develop and evaluate preliminary use scenarios. The

    School Districts facility growth needs as well as the Citys community cultural, social and

    recreational demands will be quantified during this initial phase. The TAC will most likely

    require some technical expertise not available within the existing organizations. This could

    include, for example, architecture and site planning, construction cost estimating and space

    planning. In addition to completing the data collection and analytical work, the TAC will also

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    identify some general scenarios to assist in focusing subsequent planning discussions.

    Estimated Timeline: November 2011 to March 2012.

    A Policy Advisory Committee (PAC) is proposed to be comprised of two PAUSD Boardmembers

    and three City Councilmembers appointed by the Mayor and Board President. TheCommittees work will be advisory to eachs respective Board and Council. Staff envisions the

    PACs work to begin soon after the completion of the staffs foundational work in March 2012.

    Staff envisions the PAC working under guiding principles adopted by the City Council and the

    School District. Operating withing the guiding principles, the PAC will provide general policy

    direction to staff to assist in the development of possible use/re-use strategies the TAC will be

    working on over the rest of 2012. The PAC members will also serve as intermediaries between

    the respective governing bodies and staff and will be expected to report back to the Council

    and the Board. The PACs mission will be to forward a recommendation to the Council and

    Board for a Cubberley Scenarios Master Plan.

    Estimated Timeline: April 2012 to January 2013

    A Community Advisory Committee (CAC) will be a cross section group of community

    stakeholders (15 to 20 members). For example, the CAC could have representatives from

    adjacent neighborhoods (i.e. Greenmeadow and Charleston Terrace), city-wide groups such as

    PAN, Charleston Plaza, PTAs, Cubberley tenants, recreation users and sports leagues, and

    liaison members from appropriate City and School District boards, commissions and

    committees.

    The CACs principle function will be to provide feedback to staff and the PAC on use/re-use

    scenarios. Initial ideas will be drafted and tested with community members to help refineconcepts to a point where a consensus Scenarios Master Plan is developed and can be

    considered by the School Board and Council. The CAC is expected to work concurrently with

    the PAC schedule.

    Estimated Timeline: April 2012 to January 2013

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    2011

    Nov

    2012 2013

    January

    2013

    Dec

    Complete datacollection and

    general site

    planning

    constraints &

    opportunities

    Technical Advisory Committee:

    Build Technical Formulations,

    Identify Data & Needs, Develop

    Initial Scenarios. Includes timing

    factor

    Technical Advisory

    Committee; Policy Advisory

    Committee; Community

    Advisory Committee:

    Selects Scenarios, Test and

    Review AlternativesComplete

    Master Plan

    Scenarios.

    Adoption

    Lease Options Review (process

    and structure to be determined)

    Decision

    on

    RenewalOptions

    Joint City/PAUSD

    Cubberley Timeline

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    2. Resources and Cost Sharing:

    As discussed above, specialized expertise not available with either the Citys of School Districts

    organization may be needed. Consulting services could include: architecture and site Planning,

    school and housing growth projections, and real estate appraisers. Staffs preliminary cost of all

    services could reach $150,000. This level of funding includes the potential work thoughtout

    2012 (not just during the initial technical period). Councils July 11, 2011 motion requested that

    costs be shared equally between the District and the City. The District has agreed to an equal

    sharing of these expenses.

    3. Issues regarding re-opening Cubberley as school site (examples)

    School Popluation Growth: The Councils July 11 motion identified several key issues

    associated with the potential re-opening of the Cubberley campus as a PAUSD school site(s).The formost of these questions concern school population growth and the size and number of

    additional facilities need to accommodate that anticipated growth. While PAUSD is working on

    refining its growth projections, a firm idea of future facility needs has not been established at

    this time and will be necessary.

    The Citys 8 acres: As the Council is aware, the City owns 8 acres of the Cubberley campus

    generally located on the north eastern corner of the campus. The District has the right to re-

    purchase the 8 acres only if the the City were to offer it for sale to another party. The Citys 8

    acres will be a significant element in addressing tenant displacement should the district require

    the remaining 27 acres for school facility expansion.

    525 San Antonio: Since the Councils July meeting, PAUSD is in final negotiations to complete

    the purchase of the 2.5 acre site adjacent to Greendale School. Staff believes that 525 San

    Antonio is a important land asset that should be included in the overall Cubberley Master Plan

    efforts.

    Re-use or Rebuild: The City has good estimates regarding Cubberleys long term maintenanceneeds, but very litte research has been done to evaluate whether or not re-use or building

    replacement will be the most economically sensible options for re-use. Typically buildings of

    Cubberleys age and condition generally are substantially non-conforming and typically require

    substantial remodeling in order to come up to minumum present day standards. These areimportant issues if the City holds onto the 8 acres as a community center site. It is also

    important should the school district seek to acquire it at some point in the future.

    4. The Citys 8 Acres:

    It is unclear as to the Districts need for the entire 35 acre site for school expansion. This should

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    be one of the first foundational issues for the staff team to clarify. If the City decides to retain

    its ownership of the 8 acres, and keep it in community use, the City will want to know how

    many of the displaced tenants can be accommodated. Are two story buildings needed? How

    can such costs be funded? This is true even for the growing maintenance costs of the existing

    facilities. The City will also want to know how two story buildings will be configured to maintain

    compatibility with the adjacent neighborhood.

    5. Playing Fields:

    Over the term of the Cubberley lease, the City has enjoyed exclusive use of the extensive

    playing fields and other sports facilities on the site. Neighbors have grown accustomed to the

    access to these valuable resources. Sports and programmed recreation space is always a

    premimum in Palo Alto. Therefore as significant questions must be addressed regarding the

    potential joint use of the playing fields should the District re-open schools. As the Council is

    aware, the City and the District jointly use Middle School fields but the same arrangement does

    not exist for High Schools.

    The Naylor Act protects playing fields and open spaces provided by School Districts when a

    school site is closed and offered for alternate uses or private development. The Cubberley site

    will not be subject to the Naylor Act if PAUSD takes back the site for school purposes and will

    only apply if the property is sold to a third party.

    6. Lease Options (2013)

    The staff report suggests a two-stage process, with Cubberley Scenario Master Planning

    occurring through 2012 and a second stage on Lease Options beginning in 2013 (AFTER) the

    groundwork has been laid through actual scenario plans for the use of Cubberley. It seems thatdiscussion of the lease renewal question will be best informed by completing scenario planning

    for Cubberleyto take discussions out of the realm of vague or theoretical, to more realistic

    and specific. At this point in time, staff recommends that Council defer decisions on the specic

    process and review structure until 2013.

    Extension of the Cubberley Lease and Covenant beyond 2014 requires the mutual consent of

    the City and School District (practically) before the end of 2013. If the lease and covenant are

    terminated, the City would no longer obligated to make its roughly (the lease payments are

    regularly adjusted for inflation) $7.06M (Fiscal Year 12) annual payments to the District. The

    Council July motion indicated that lease money should be earmarked to support communityand recreational services. Moreover, loss of lease payments represents a sizable budget

    reduction to PAUSD.

    Questions the City may have concerning the continuation of the lease will include what

    alternate uses could the $7.06M annual lease payments support in addition to community

    services. The Council may be aware that the Infrastruction Blue Ribbon Commission has

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    discussed the potential of directing the Cubberley money to support the Citys infrastructure

    needs. The City may also question the need to continue to pay the District to not develop its

    current school sites, with the need for sites and future planning a key Distruict concern today.

    Conditions have changed dramatically since the late 1980s when school population was in

    decline. Lastly, the City and the District will need to resolve the management of Cubberley on a

    temporary basis should the lease revert back to the District in 2014 before the District is notfully ready to rebuild the school facilities it may need in the future.

    Resource Impact

    Staff impacts can be addressed at current staffing levels. However, an outside expert will need

    to be engaged at a cost of up to $150,000.

    Prepared By: Steve Emslie, Deputy City Manager

    Department Head: James Keene, City Manager

    City Manager Approval: James Keene, City Manager